Mary D. Irby v. United States

BURGER, Circuit Judge.

The central issue on appeal is whether the affidavits filed in support of the application for a search warrant disclose reasonable grounds, or probable cause, for belief that criminal acts were being committed on the premises in question.

After describing the place to be searched and giving the name of the occupant “James Campy Irby, alias Cueball,” identified later in the affidavit, as in Police Records, as “a known and convicted narcotic peddler,” the affidavit recited:

“About 9:40 A.M., June 16, 1961, Dets. Virgil S. Hood and Joseph W. Somerville, Narcotic Squad, MPDC,…